Construction Law
Howard & Howard has vast experience in representing its construction clients in all areas of construction law. Howard & Howard represents public and private entities at the local, state and federal levels, including owners, contractors, construction managers, engineers, subcontractors, developers and architects. We advise and represent our construction clients in all legal construction-related matters, on public and private projects, whether in the negotiation and drafting of effective construction-related documents, for both conventional and design/build projects, or in representing owners, developers, architects, engineers, contractors, construction managers, subcontractors and/or suppliers in all stages of construction-related litigation matters.
Howard & Howard, during any stage of the construction process, offers general business advice to clients engaged in the construction industry, including:
- Drafting, reviewing and modifying standard industry forms of construction management agreements, owner-architect agreements, owner-contractor agreements, owner-engineer agreements, owner-consultant agreements, subcontract agreements, and purchase orders for materials and equipment.
- Drafting, reviewing and modifying bond documents and all types of insurance coverage language, including OCIP and CCIP insurance provisions.
- Legal and business guidance and consultation regarding laws relating to state public works notices, federal Miller Act notices and mechanics' lien procedures.
- Preparing, presenting and defending construction disputes, including claims for breach of contract, defective work, defective design, delay and disruption, termination, backcharges, change orders, construction failures, warranties, bid protests, mechanics' liens, and bond and insurance issues.
In representing clients, Howard & Howard also uses alternative dispute resolution (ADR) procedures, including arbitration, mediation and mini-trials. We have extensive ADR experience and are prepared to use these methods when they will best achieve our client's objectives. While the ultimate goal is to avoid legal disputes at the end of the job through document preparation, review and advice as the job progresses, Howard & Howard is also able to successfully represent our clients in the litigation or ADR process, when necessary. In short, we at Howard & Howard provide our clients with effective and efficient legal services through all stages of any construction process.
Howard & Howard has demonstrated the ability to provide a full range of services in construction and design-related matters. Our broad range of services include:
Development
Represent clients in various aspects of development and construction projects, including but not limited to: shopping centers, industrial parks, office buildings, warehouse distribution centers, subdivisions, hotel and casinos, residential homes and condominiums.
Architectural, Engineer, Consultant and Construction Contracts
Drafting, reviewing and modifying standard construction contracts, including American Institute of Architects (AIA) contracts; National Society of Practicing Engineers (NSPE) contracts; Associated General Contractors (AGC) contracts, National Association of Home Builders (NAHB) contracts and custom drafted contracts, including but not limited to; construction management agreements, owner-architect agreements, owner-contractor agreements, owner-engineer agreements, owner-consultant agreements, subcontract agreements, and purchase orders for materials and equipment.
Government/Public Works Contracts
Represent clients in the bidding process, including bid protest, bid bonds, payment and performance bonds, prevailing wages, and barrier-free standards; provide legal guidance and consultation regarding laws relating to the state or federal public works projects, including assisting clients with providing appropriate state or federal public works notices.
Mechanics' Lien
Provide legal and business guidance and consultation regarding mechanics' lien notices and represent clients in prosecuting or defending mechanics' lien actions.
Bonds and Insurance
Provide legal and business consultation to clients regarding bonding and insurance.
Licensing
Provide guidance and assistance to clients on various aspects relating to applicable contractor licensing, including assisting clients with the licensing applications and representing clients in administrative actions relating thereto.
Construction Litigation
Represent clients on all types of construction-related litigation matters, for the Plaintiff or Defendant, including but not limited to: claims for breach of contract, defective work, defective design, delay and disruption, termination, backcharges, change orders, construction failures, warranties, bid protests, mechanics' liens, bonding and insurance.
Alternative Dispute Resolution
Represent clients on all types of construction-related matters in mediation, arbitration or other types of settlement facilitation processes.

